[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR7.24]

[Page 317]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 7_RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS--Table of Contents
 
        Subpart D_Recording Changes to International Registration
 
Sec. 7.24  Requests to record security interest or other restriction of holder's rights of disposal or release of such restriction submitted through the 
          Office.

    (a) A party who obtained a security interest or other restriction of 
a holder's right to dispose of an international registration, or the 
release of such a restriction, may submit a request to record the 
restriction or release through the Office for forwarding to the 
International Bureau only if:
    (1) The restriction or release:
    (i) Is the result of a court order; or
    (ii) Is the result of an agreement between the holder of the 
international registration and the party restricting the holder's right 
of disposal, and the signature of the holder cannot be obtained for the 
request to record the restriction or release;
    (2) The party who obtained the restriction is a national of, is 
domiciled in, or has a real and effective industrial or commercial 
establishment in the United States; and
    (3) The restriction or release applies to the holder's right to 
dispose of the international registration in the United States.
    (b) A request to record a restriction or the release of a 
restriction must be submitted by the party who obtained the restriction 
of the holder's right of disposal and include all the following:
    (1) The international registration number;
    (2) The name and address of the holder of the international 
registration;
    (3) The name and address of the party who obtained the restriction;
    (4) A statement that the party who submitted the request: Is a 
national of the United States; has a domicile in the United States; or 
has a real and effective industrial or commercial establishment in the 
United States. Where a party's address is not in the United States, the 
party must provide the address of its U.S. domicile or establishment;
    (5) (i) A statement that the restriction is the result of a court 
order, or
    (ii) Where the restriction is the result of an agreement between the 
holder of the international registration and the party restricting the 
holder's right of disposal, a statement that the signature of the holder 
of the international registration could not be obtained for the request 
to record the restriction or release of the restriction;
    (6) A summary of the main facts concerning the restriction;
    (7) An indication that the restriction, or the release of the 
restriction, of the holder's right of disposal of the international 
registration applies to the designation to the United States; and
    (8) The U.S. transmittal fee required by Sec. 7.6.
    (c) If a request to record a restriction, or the release of a 
restriction, contains all the elements set forth in paragraph (b) of 
this section, the Office will forward the request to the International 
Bureau. Forwarding the request to the International Bureau is not a 
determination by the Office of the validity of the restriction, or its 
release, or the effect that the restriction has on the holder's right to 
dispose of the international registration.
    (d) If the request fails to contain all the elements set forth in 
paragraph (b) of this section, the Office will not forward the request. 
The Office will notify the party who submitted the request of the 
reason(s). The Office will not refund the transmittal fee.
    (e) Correspondence to correct any irregularities in a request to 
record a restriction of a holder's right to dispose of an international 
registration or the release of such a restriction must be made directly 
with the International Bureau.